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Criminal Law: Felony Murder-Admission of Hearsay

Defendant appealed his conviction for felony murder and domestic assault for the killing of his girlfriend and her unborn child. Defendant argued that the trial court erred by admitting hearsay statements from law enforcement officers regarding defendant’s prior acts of domestic violence. Defendant further challenged the sufficiency of the evidence.

Where the case was tried before a judge rather than a jury, defendant failed to prove that the admission of hearsay testimony regarding defendant’s bad acts contributed to the judge’s verdict, and there was sufficient evidence to support a conviction for domestic abuse even though there may have been an alternative explanation, since there was a presumption that the factfinder resolved such conflict in favor of the prosecution.

Judgment is affirmed.

State v. Osborn (MLW No. 79580/Case No. SD37305 – 11 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Greene County, Holden, J. (Jonathan Theodore Sternberg, Kansas City, MO for appellant) (Garrick Aplin, Jefferson City, for respondent)


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